' that one Mansab was involved in case under section 16 of the Offence of Zina (Enforcement of Hadood) Ordinance 1979 and section 324/379/ 148/149, P.P.C. The accused filed application for pre- arrest bail which was entrusted to the learned Addl. Sessions Judge, Gujranwala, who admitted him to interim pre-arrest bail on 1-11-1987 subject to his furnishing bail bond in the sum of Rs, ,10,000 with one surety. Noor Muhammad petitioner executed surety bond. Thereafter, Mansab failed to appear before the learned Additional Sessions Judge at the time of the hearing of the application on 4-11-1987. On this, the learned Additional Sessions Judge, Gujranwala issued notice against the surety petitioner but he did not care to appear before the Court so the surety bond was forfeited and a penalty of Rs, 5,000 was imposed upon the petitioner, hence this petition.
2. Learned counsel for the petitioner submits that Mansab accused having been arrested in case under section 107/151, Cr.P.C. Was not in a position to appear before the Court on 4-11-1987. In the alternative, the learned counsel requested for leniency. Learned counsel for the State has opposed this petition.
3. I have considered the submissions made by the learned counsel for the parties. I do not feel inclined to set aside the order dated 20-1-1988 because the petitioner who had voluntarily executed surety bond did not care to appear before the Court despite service of notice on him.
Furthermore, there is nothing on record to show that on 4-11-1987, Mansab accused was really in police lock- up or judicial lock up. The amount of the penalty is however reduced Rs,5,000 to 1,000.
The petitioner will deposit Rs, 1,000 with the learned Additional Sessions Judge, Gujranwala within a week. In case the petitioner fails to deposit the amount, learned Additional Sessions Judge will initiate appropriate action for the recovery of the amount. The petition stands disposed of in the above terms.